Law suit going on too long/

Asked over 1 year ago - Ocala, FL

Two sisters are differing over some probate matters , 5 years now , I want it to end and my third of the inherited money helps pay to the estate lawyer fees when my sister's lawyers ; and the estate lawyer have to confer . What is the most polite way to approach a judge to get them to move along and resolve the issues ? Forget trying to talk to either sister . Thanks - -

Attorney answers (5)

  1. Stephanie Sauer Woods

    Pro

    Contributor Level 13

    13

    Lawyers agree

    Answered . It is best that you be represented by an attorney in this matter. So if you don't have one, you should get one.
    It would be advisable to set a case status conference with the Court and/or to petition for mediation on the outstanding issues that are preventing the probate from closing.
    Florida does have a law that states the Court can assess the attorneys fees and costs against the shares of the individuals that are causing the attorneys fees and costs to be incurred.

  2. Adam Troy Rauman

    Contributor Level 14

    10

    Lawyers agree

    Answered . Five years is a long time for a probate to be opened. Most judges will require something be done to close the estate. If you have an attorney, petition for mediation or a division of assets to separate yours from the rest of the funds. If you don't have an attorney you should get one quickly. The bickering is costing you money as well as attorney fees are taken before any inheritance is paid out.
    Good luck.

    Answer does not constitute legal advice. Please call (727) 471-0039 or contact me at arauman@protectyourfuture.... more
  3. Lawrence Joseph Marraffino

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . You need to be represented by a litigation attorney to represent your interests and move the case along.

    Lawrence J. Marraffino
    Gainesville Florida Board Certified Civil Trial Lawyer
    www.ljmpa.com

    This answer cannot be a substitute for legal advice which requires more information from the client than can be... more
  4. James P. Frederick

    Contributor Level 20

    7

    Lawyers agree

    Answered . If you have an attorney, I would have your attorney petition for facilitation or mediation. I am surprised that after 5 years, this has not already been done. That has a chance at ending the dispute in one day, for relatively nominal cost. If you do not have an attorney, you might want to think about purchasing an hour or two of time, in order to get a proper petition prepared. This will likely save you money and impress the judge.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  5. Sagi Shaked

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . File motion to set for binding mediation

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